May Sitting Archives - Legal Blotterca https://legalblotterca.com/category/may-sitting/ US Suprem Court Cases Thu, 06 Jul 2023 07:10:17 +0000 en-US hourly 1 https://wordpress.org/?v=6.8 https://i0.wp.com/legalblotterca.com/wp-content/uploads/2022/09/cropped-BalLegal.png?fit=32%2C32&ssl=1 May Sitting Archives - Legal Blotterca https://legalblotterca.com/category/may-sitting/ 32 32 214693178 Alabama Association of Realtors v. Department of Health and Human Services https://legalblotterca.com/alabama-association-of-realtors-v-department-of-health-and-human-services/ Sat, 28 Aug 2021 08:09:00 +0000 https://legalblotterca.com/?p=547 Holding: The district court’s judgment – which vacated as unlawful the Centers for Disease Control and Prevention’s imposition of a nationwide moratorium on evictions of any tenants who live in…

The post Alabama Association of Realtors v. Department of Health and Human Services appeared first on Legal Blotterca.

]]> Holding: The district court’s judgment – which vacated as unlawful the Centers for Disease Control and Prevention’s imposition of a nationwide moratorium on evictions of any tenants who live in a county that is experiencing substantial or high levels of COVID-19 transmission and who make certain declarations of financial need – is enforceable and the stay of the judgment is vacated.

Alabama-Association-of-Realtors-v.-Department-of-Health-and-Human-ServicesDownload

The post Alabama Association of Realtors v. Department of Health and Human Services appeared first on Legal Blotterca.

]]> 547 Dunn v. Reeves https://legalblotterca.com/dunn-v-reeves/ Fri, 02 Jul 2021 08:06:00 +0000 https://legalblotterca.com/?p=541 Holding: The U.S. Court of Appeals for the 11th Circuit erred in characterizing the Alabama court’s case-specific analysis as a “categorical rule” that any prisoner will always lose an ineffective-assistance-of-trial-counsel…

The post Dunn v. Reeves appeared first on Legal Blotterca.

]]> Holding: The U.S. Court of Appeals for the 11th Circuit erred in characterizing the Alabama court’s case-specific analysis as a “categorical rule” that any prisoner will always lose an ineffective-assistance-of-trial-counsel claim if he fails to call and question trial counsel concerning his or her actions and reasoning; the Alabama court did not violate clearly established federal law when it rejected Reeves’ ineffective-assistance-of-trial-counsel claim.

Dunn-v.-ReevesDownload

The post Dunn v. Reeves appeared first on Legal Blotterca.

]]> 541 Pakdel v. City and County of San Francisco, California https://legalblotterca.com/pakdel-v-city-and-county-of-san-francisco-california/ Mon, 28 Jun 2021 08:07:00 +0000 https://legalblotterca.com/?p=544 Holding: Administrative exhaustion of state remedies is not a prerequisite for a 42 U.S.C. § 1983 takings claim when the government has reached a conclusive position.

The post Pakdel v. City and County of San Francisco, California appeared first on Legal Blotterca.

]]> Holding: Administrative exhaustion of state remedies is not a prerequisite for a 42 U.S.C. § 1983 takings claim when the government has reached a conclusive position.

Pakdel-v.-City-and-County-of-San-Francisco-CaliforniaDownload

The post Pakdel v. City and County of San Francisco, California appeared first on Legal Blotterca.

]]> 544 Lombardo v. City of St. Louis, Missouri https://legalblotterca.com/lombardo-v-city-of-st-louis-missouri/ Mon, 28 Jun 2021 06:33:00 +0000 https://legalblotterca.com/?p=530 Holding: Because it is unclear in this excessive force case whether the Eighth Circuit incorrectly thought the use of a prone restraint is per se constitutional so long as an…

The post Lombardo v. City of St. Louis, Missouri appeared first on Legal Blotterca.

]]> Holding: Because it is unclear in this excessive force case whether the Eighth Circuit incorrectly thought the use of a prone restraint is per se constitutional so long as an individual appears to resist officers’ efforts to subdue him, the U.S. Court of Appeals for the 8th Circuit’s judgment is vacated, and the case is remanded to give the lower court the opportunity in the first instance to employ the careful, context-specific analysis required by this court’s excessive force precedent.

Lombardo-v.-City-of-St.-Louis-MissouriDownload

The post Lombardo v. City of St. Louis, Missouri appeared first on Legal Blotterca.

]]> 530 American Athletic Conference v. Alston https://legalblotterca.com/american-athletic-conference-v-alston/ Wed, 23 Jun 2021 05:29:00 +0000 https://legalblotterca.com/?p=513 Holding: The district court’s injunction pertaining to certain NCAA rules limiting the education-related benefits that schools may make available to student-athletes is consistent with established antitrust principles.

The post American Athletic Conference v. Alston appeared first on Legal Blotterca.

]]> Holding: The district court’s injunction pertaining to certain NCAA rules limiting the education-related benefits that schools may make available to student-athletes is consistent with established antitrust principles.

American-Athletic-Conference-v.-AlstonDownload

The post American Athletic Conference v. Alston appeared first on Legal Blotterca.

]]> 513 Mayorkas v. Innovation Law Lab https://legalblotterca.com/mayorkas-v-innovation-law-lab/ Mon, 21 Jun 2021 08:35:00 +0000 https://legalblotterca.com/?p=559 Issue(s): (1) Whether the Department of Homeland Security policy known as the Migrant Protection Protocols is a lawful implementation of the statutory authority conferred by 8 U.S.C. 1225(b)(2)(C); (2) whether MPP…

The post Mayorkas v. Innovation Law Lab appeared first on Legal Blotterca.

]]> Issue(s): (1) Whether the Department of Homeland Security policy known as the Migrant Protection Protocols is a lawful implementation of the statutory authority conferred by 8 U.S.C. 1225(b)(2)(C); (2) whether MPP is consistent with any applicable and enforceable non-refoulment obligations; (3) whether MPP is exempt from the Administrative Procedure Act requirement of notice-and-comment rulemaking; and (4) whether the district court’s universal preliminary injunction is impermissibly overbroad.

Mayorkas-v.-Innovation-Law-LabDownload

The post Mayorkas v. Innovation Law Lab appeared first on Legal Blotterca.

]]> 559 Alaska v. Wright https://legalblotterca.com/alaska-v-wright/ Wed, 26 May 2021 08:04:00 +0000 https://legalblotterca.com/?p=538 Holding: The requirement under 28 U.S.C. § 2254(a) that a habeas petitioner be “in custody pursuant to the judgment of a State court” is not met if the state judgment is simply…

The post Alaska v. Wright appeared first on Legal Blotterca.

]]> Holding: The requirement under 28 U.S.C. § 2254(a) that a habeas petitioner be “in custody pursuant to the judgment of a State court” is not met if the state judgment is simply a necessary predicate to a federal conviction.

Alaska v. WrightDownload

The post Alaska v. Wright appeared first on Legal Blotterca.

]]> 538 Mays v. Hines https://legalblotterca.com/mays-v-hines/ Mon, 29 Mar 2021 08:02:00 +0000 https://legalblotterca.com/?p=535 Holding: The U.S. Court of Appeals for the 6th Circuit erred in revisiting on federal habeas review the decision of a Tennessee court supported by ample evidence that did not…

The post Mays v. Hines appeared first on Legal Blotterca.

]]> Holding: The U.S. Court of Appeals for the 6th Circuit erred in revisiting on federal habeas review the decision of a Tennessee court supported by ample evidence that did not exceed the possibility of fairminded disagreement supporting that court’s conclusion.

Mays-v.-HinesDownload

The post Mays v. Hines appeared first on Legal Blotterca.

]]> 535 Henry Schein Inc. v. Archer and White Sales Inc. https://legalblotterca.com/henry-schein-inc-v-archer-and-white-sales-inc/ Mon, 25 Jan 2021 08:31:00 +0000 https://legalblotterca.com/?p=556 Holding: Certiorari dismissed as improvidently granted.

The post Henry Schein Inc. v. Archer and White Sales Inc. appeared first on Legal Blotterca.

]]> Holding: Certiorari dismissed as improvidently granted.

Henry-Schein-Inc.-v.-Archer-and-White-Sales-Inc.Download

The post Henry Schein Inc. v. Archer and White Sales Inc. appeared first on Legal Blotterca.

]]> 556 Terry v. U.S. https://legalblotterca.com/terry-v-u-s/ Sat, 23 Jan 2021 06:02:00 +0000 https://legalblotterca.com/?p=516 Holding: A sentence reduction under the First Step Act is available only if an offender’s prior conviction of a crack cocaine offense triggered a mandatory minimum sentence.

The post Terry v. U.S. appeared first on Legal Blotterca.

]]> Holding: A sentence reduction under the First Step Act is available only if an offender’s prior conviction of a crack cocaine offense triggered a mandatory minimum sentence.

Terry-v.-U.S.Download

The post Terry v. U.S. appeared first on Legal Blotterca.

]]> 516